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Somorie Moses v. United States
IFP petition · United States Court of Appeals for the Second Circuit, No. 24-1341 · judgment January 22, 2026
Question presented
Whether Amendment 591 to the United States Sentencing Guidelines violates the Due Process Clause by requiring the application of Guidelines sections to factual situations (and crimes) inconsistent with the cross-referenced Guideline? Doing so violates the Due Process Clause of the Fifth Amendment by inserting an arbitrary and non-discretionary (i.e., required) element into the calculation of the “starting point” under the Guidelines, which is inconsistent with this Court’s Opinions in Johnson v. United States, 576 U.S. 591 (2015), and Beckles v. United States, 580 U.S. 256, 263 (2017), even in an otherwise discretionary sentencing scheme.
Counsel of record
For petitioner
Michael Keith Bachrach
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Aug 06 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 04 2026Waiver of right of respondent United States to respond filed.
- Jul 01 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 7, 2026)